When a person passes away, administering their estate often requires obtaining a grant of probate or letters of administration. In Victoria, this process is managed by the Probate Office of the Supreme Court of Victoria, which imposes a lodgement fee based on the estate’s value. Here’s an overview of how these fees are structured, the amounts payable, and the annual adjustments.
What Is a Probate Lodgement Fee?
A probate lodgement fee is a charge levied by the Probate Office when an application for a grant of representation is submitted. This fee contributes to the administrative costs of processing and issuing the grant, enabling the legal management of the deceased’s estate.
Who Is Responsible for Paying the Lodgement Fee?
The executor named in the will, or the administrator if there is no will, is responsible for paying the lodgement fee upon filing the application. This fee is typically reimbursed to the executor or administrator from the estate’s funds prior to any distribution to beneficiaries.
How Are the Fees Structured?
As of 18 November 2024, the lodgement fees in Victoria are determined based on the gross value of the deceased’s estate, with a tiered fee structure as follows:
- Estates valued under $250,000: No fee.
- $250,000 to less than $500,000: $514.40
- $500,000 to less than $1,000,000: $1,028.80
- $1,000,000 to less than $2,000,000: $2,400.50
- $2,000,000 to less than $3,000,000: $4,801.00
- $3,000,000 to less than $5,000,000: $7,185.20
- $5,000,000 to less than $7,000,000: $12,002.60
- $7,000,000 and above: $16,803.60
These fees are applicable to applications for grants of probate, letters of administration, or resealing of foreign grants.
Annual Adjustments to Fees
It’s important to note that probate lodgement fees are subject to annual review and adjustment by the Victorian Government. This means the amounts payable can change each year, reflecting inflation and administrative cost variations.
Conclusion
Understanding the lodgement fees imposed by the Probate Office in Victoria is crucial for executors and administrators managing a deceased estate. For the most accurate and up-to-date information, consulting the Supreme Court of Victoria’s official resources is recommended.
